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Home My WebLink AboutO-1206 - Franchise grant to Washington Natural Gas Co., gas distribution system (Special)-..'..-...:,...'~"..\ C.ITY o r M F1R.VS V I LLE M"\.7$\lille"vje:t.5'11.it\~<ht ORDINANCE NO. l~'i9BI NOV'8 AU 7:26 AN ORDINANCE GRANTING TO WASHINGTON NATURAL GAS COMPANY,A WASH- INGTON CORPORATION,AND A PUBLIC UTILITY SELLING AND DISTRIBUTING GAS WITHIN THE STATE OF WASHINGTON THE RIGHT AND FRANCHISE TO USE AND OCCUpy THE STREETS,AVENUES, ROADS, ALLEYS, LANES AND OTHER PUBLIC PLACES AND WAYS OF THE CITY ·OF MARYSVILLE,WASHINGTON,FOR CONSTRUCTING,MAINTAINING,REPAIRING,RENEWING AND OPERATING A GAS DISTRIBUTION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF MARYSVILLE,WASHINGTON. THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAIN AS FOLLOWS: Section 1.The right is hereby granted to washington Natural Gas Company,hereinafter referred to as the Grantee,to lay,con- struct,extend,maintain,repair,renew and replace gas pipes and gas mains and accessories under,along,and or across any and all streets,avenues,roads,al~eys,lanes and other pUblic places·and ways in the City of Marysville,washington,hereinafter referred to as City,and all territory hereafter lawfully annexed to said City,and to use and occupy said streets,avenues,roads,alleys, lanes and other public places and ways for the purpose of therein laying,constructing,extending,maintaining,renewing,replacing and repairing mains and pipes and all appurtenances thereto and accessories used'or useful for the manufacture,transmission and sale and distribution of gas within and through the present or future territorial limits of the City for the term of twenty-five (25)years from and after the effective date of this ordinance, .except as hereinafter provided. Section 2.Rights herein granted shall be subject to and governed by thlS ordinance;provided,however,the City Council expressly reserves unto itself all its police power to adopt general ordi- nances necessary to protect the safety and welfare of the general pUblic in relation to the rights hereby granted not inconsistent herewith,but,without restricting or limiting any general taxing powers. Section 3.The location of all mains,laterals and appurtenances, within such streets,avenues,alleys,lanes and other public plac- es and ways shall be determined and fixed by the City Engineer,or such engineer or engineers as the Mayor shall appointJ and before any work is done by the Grantee under this franchise,(except in cases of emergency)it shall first file with the City an application for a permit and obtain the approval of the City to do such work,accompanied by blueprints showing the position and location of all sach mains and/or laterals and meter boxes, valves,etc ••sought to be constructed,laid,·installed or erected at that time and their relative positions to existing streets, avenues,roads,alleys,lanes and other public places or ways,and showing the location of local improvements such as sidewalks, curbs,gutters and property lines,turnouts and parking strips on ground sought to be occupied. Sect ion,4.The Grantee in such application shall specify the cfass and type of material to be used and the equipment to be used and the mode of safeguarding and facilitating pUblic traffic dur- ing construction.All such material and equipment shall be first class and shall meet with the approval and pass all requirements of said Engineer,and the Grantee shall pay to the City all costs of and expenses incurred in the examination,inspection and super- vision of such work on account of the granting of said permit, including that work described in Section 3 hereof. Section 5.The Grantee shall leave all streetS,avenues,roads, afleys,lanes,public places and ways,after laying and installing -1- ,' mains and doing construction work,making repairs to equipment, etc.,in as good and safe condition in all respects as they were before the commencement of such work by the Grantee,its agents or contractors.In case of any damage to said streets,avenues, roads,alleys,lanes,public places and ways,or to pavement, turnouts,gutters,ditches,walks,drain pipes,rails,bridges, trestles,wharves,landings or other public or private property by the Grantee,said Grantee shall immediately repair any damage at its sole cost and expense.The City,after giving written notice to Grantee,may order and have done any and all work considered by the City necessary to restore to a safe condition any such streets,avenues,roads,alleys,lanes,public places and ways,or pavement,turnouts,gutters,ditches,walks,drain pipes,rails, bridges,trestles,wharves,landings or any other public property left by the Grantee or its agents in a condition dangerous to life or property,and the Grantee,upon demand,shall pay to the City all costs of such construction or repair and of doing such work. Section 6. The Grantee,by the acceptance of this franchise, hereby agrees,for itself,its successors and assigns,to protect and save harmless the City of Marysville from all claims,actions or damages of every kind and description which may accrue to or be suffered by any person or persons,corporation or property by rea- son of any faulty construction,defective material or equipment or maintenance,or by the improper occupation of said streets, avenues,roads,alleys,lanes,public or private places and ways, by the Grantee,or by reason of the negligent,improper or faulty manner of safeguarding any excavation,or temporary turnouts;and in case suit or action is brought against said City of Marysville for damages arising out of or by reason of any of the above men- tioned causes and judgment shall be rendered against 'the City of Marysville in such suit or action"the Grantee will fully satisfy said judgment within ninety (90)days after said suit or action shall have finally been determi~ed,if determined adversely to the 'City of Marysville,provided,the Grantee herein,its successors and assigns,shall have the right to employ its or their own coun- sel in any cause of action or be given the management of the de- fense thereof. Section 7.If at any time the City of Marysville deems it advis- able to Improve any of its streets,avenues,roads,alleys,lanes, public places and ways,by grading or regrading such streets, altering,changing,repairing or reimproving the same,the Gran- tee,upon written notice by the City,shall,at its own expense, so raise,lower or move its line of pipes to conform to such new grades as may be established,or place said pipes in such location or position as shall cause the least interference with any such improvements,and said City shall in nowise be held liable for any damages to said Grantee that may occur by reason of such improve- ments,repairs or maintenance or by the exercise of any rights reserved in this grant.If the City shall improve such streets, avenues,roads,alleys,lanes,public places and ways,the Grantee shall,on written notice by the City,at its own expense,replace such pipe or pipes as may be in or through the improved grade of such improvement with pipe or pipes of such material as shall con- form to the specifications for the improvement of such streets, avenues,roads,alleys,lanes,public places and ways,or,at its own expense,relocate such non-conforming pipe or pipes to a place acceptable to the City. Section 8.This grant shall not be exclusive and shall in no manner prohibit the City of Marysville from granting other fran- chises of a like nature or franchises for other public or private utilities over,along,across,under and upon any of such streets, avenues,roads,alleys,lanes,public places and ways,and shall in nowise prohibit or prevent the City of Marysville from using any of said streets,avenues,roads,alleys,lanes,public places and ways,with full power to make all necessary changes,relocations .repairs and maintenance as the City may deem fit.' -2- '-" ,-J' Section 9.No fee will be imposed by the City for the privileges granted by this franchise to the Grantee.Provided,that the City reserves the right to reopen this paragraph and to impose franchise fees at any time after December 31,1981,if the Grantee consents to or pays a franchise fee of any description to another municipal jurisdiction within its distribution area in the State of Washington. Section 10.All of the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee,and all privileges of the Grantee shall inure to its successors and assigns. Section 11.The Grantee,by its acceptance of this Ordinance and the franchise,rights,privileges and authority herein granted, covenants and agrees for itself,its successors and assigns,to comply with and be bound by the terms of this Ordinance and to per- form each of the covenants and conditions set forth.The Grantee shall be deemed to have forfeited all of its rights,privileges and franchises unless it shall,within thirty (30)days after the passage of this Ordinance,file with the City Clerk of the said City its written acceptance of the rights and privileges hereby conferred,and the obligations and conditions hereby imposed.If the Grantee,its successors or assigns,shall willfully violate or fail to comply with any of the provisions of this franchise,then the Council of the City of Marysville may forfeit all rights con- ferred hereunder and this franchise may be revoked or annulled by the City all without recourse by the Grantee. Section 12.No sale,lease or assignment of this franchise shall be effective until the assigns or lessee shall have filed in the office of the City Clerk of the City of Marysville an instrument duly executed,reciting the fact of the sale,lease or assignment and accepting the terms of this franchise and the special service agreement then being in effect,and the agreeing to perform the conditions thereof required of the Grantee. Section 13.The Grantee shall bear all the expense of the publica- tion of this Ordinance. fl a~6p,PASSED BY THE COUNCIL this.~day of ,1981. SIGNED BY THE MAYOR this j?IJJ day of Oe 106--,1981. CITY OF MARYSVILLE,WASHINGTON By~~1MAYOR ATTEST: CLERK APPROVED AS TO FORM: B~~~ft) -3- i'...-;.t :,-. ~..~ No. The terms and conditions of the foregoing Franchise Ordinance I 2-D k3.are hereby accepted this 2....4 day of ~~, 1981. WASHINGTON NATURAL GAS COMPANY R. R.Golliver,President Attest: R4)2~i Vice President Legal and Secretary Above acceptance received by: -4- AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. on oath deposes and says that he is the..s.e.cr.etJtr.SL .._ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copY'of a _______Q~9J~Jj.!iAQ~__:L?.Q.Q as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _~~~con- secutive weeks,commencing on the __~~~11_day of _~p~!__, 19__81,and ending on the _2-5t_lL day of _!i_qy_.__,19_~~_, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of $1.~.9..!.?.9..,which amount has been paid in full _~1 t~J_D:md~2~~ Subscribed a~~~::-~:o before me this d£~__ day of ~:~'_1~~ Notary Public in and for the State of Washington. Residing at Maryavtlle, CITY OF MARYSVILLE Mar,ysville,Washington ORDINANCe NO. 1206 AN ORDINANCE GRANTlNG.TO WASHINGTON NATURAL GAS COMPANY,A WASHINGTON CORPORATION,AND A PUBLIC.UTILITY.SELLING AND DISTRIBUTING GAS WITHIN .THE STATE OF WASHINGTON THE RIGHT AND FRANCHISE TO USE AND OCCU.!"Y THl$lSTREETS,AVENUES,ROADS,ALLEYS, LANES AND OTHER PUBLIC PIiACES AND WAYS OF THE CITY OF MARYSVILLE, WASHINGTON,FOR CONSTRUCTING,MAI!'fTAINING'REPAIRING,RENEWING AND OPERATING A GAS DISTRIBUTION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF MARYSVILLE,WASHINGTON. se~~;n·~~~~eCr?gUh~fsl~e~;b;~~;t~~~oO~a~~~g~;~~~~~r~~~sRgo~~a~~,~~~T~";';~~ referred to as the Grantee,to lay,construct,extend,maintain,repair,renew and replace gas pipes and gas mains and accessories under,along,and or across any and all streets, avenues,roads,alleys,lanes and other public places and ways in the City of Marysville, Washington,hereinafter referred to as City,and all rerrttorv hereafter lawfully annexed to said City I and to use and occupy said streets,avenues,roads,alleys,lanes and other public places and ways for the purpose of therein laying,·constructing,extending,rnaln- taining,renewing,replacing and repairing .melns and pipes and all appurtenances thereto 'and accessories used or useful for the manufacture,transmission and sale and distribution of gas within and through the present'or future territorial limits of the City for the term of twenty-five (;25)years from and after the effective date of this ordinance, except as hereinafter provided.. Section 2.Rights herein granted shall be subject to and governed by this ordinance; provided,however,the City Council expressly reserves unto itself all its'police power to adopt general ordinances necessary'to protect the safety and welfare of the general public in relation to the rights hereby granted not inconsistent herewith,'but,without restricting or limiting any general taxing powers. Section 3.The location of all mains,laterals and appurtenances,withinsuch streets, avenues,alleys,lanes and other publtc places ane ways shall be determined and fixed by th~City Engineer,or such engineer or engineers as the Mayor shall appoint;and before any wprk tsdone by the Grantee under this franchise,(except in cases of emergency)it shall first file with the City an application for a permit and obtain the approval of the City to do such work,accompanied by blueprints showing the position and location of all such mains and/or laterals and meter boxes,valves,etc.sought to be constructed,laid,in- stalled or erected at that time and their relative positions to existing streets,avenues, roads,alleys"limes and other public places or ways,and show.ing the location of local lrn- provernents such as sidewalks,curbs,gutters and property lines,turnouts and parking strips on ground sought to be occupied. Seciton4.The Grantee in such application shall specify the class and type of material to be used and the equipment to be used and the mode of safeguarding and facilitating public traffic during constructton.All such material and equipment shall be first class and sl1all meet with the approval and pass all requtrernents of said Engineer,and the Grantee shall pay to the City all costs of and expenses incurred in the examination.in- spection and supervision of such work .OIJ account of the granting of said permit,in- cluding that work described in Section 3 hereof. Section S.The Grantee shall leave all streets,avenues,roads,alleys,lanes,public places and ways,after laying and installi~g mains and doing construction work,making repairs to equipment,etc.,in as good and safe condition in all respects as they were before the commencement of such work by the Grantee,its agents or contractors.In case of any damage to said streets,avenues.roads,alleys,lanes,public places and ways, or to pavement,turnouts,gutters,ditches,walks.drain pipes,rails,bridges.trestles. wharves,landings or other public or private property by the Grantee,said Grantee shall immediately repair any damage at its sole cost and expense.The City,after giving writ- ten notice to Grantee.may order and have done any and all work considered by the City necessary to restore to a safe condition any such streets,avenues;roads,alleys,lanes, public places ·and ways,or pavement,turnouts,gutters,ditches;walks.drain pipes, rails,bridges,trestles,Wharves.landings or any other pubtrc pr9;p,erty.left by the Grantee or its agents in a ccndttton dangerous to Iif~.?r.P~9;~~rty,.,an;~·t!);.¢G,ra.ntee,.upo~ ~~~ka.nd,shall..pay te the City.a I,!costs of such conSI!{~~~~.,~j!:,e.f:~4r:~11of.dOin9su~l Section 6.The Grantee,by the acceptance of this franchise,hereby agrees,for'itself:. its successors and assigns,to protect and save harmless the City of Marysville from all claims,actions or damages of every kl~d and description which may accrue to or be SUf: fered by env person or persons,corporation or property by reason of any faultyconstruc~~~td ~:/:;tt~~~:~~e;~~lr~~~~U~{:;:~tIO:nr:s~i~~7rc~&~"'~;i~:t~h~I~~~~0::~~~~~a~i~,~h;I:, Grantee,or by reason of the negligent,improper or faulty manner of safegUarding any' excavation,or temporary turnouts;and in case suit oraction is brought against said City of Marysville for damages arising out of or by reason of any of the above mentioned causes and judgment shall be rendered against the City of Marysville in such surt or ac- tion,the Grantee will fUlly satisfy said judgment within ninety (90)days after said suit or action sneuneve finally been determined,if determined'adversely to the City of Marysvi,lIe,provided,the Grantee herein,_its successo.rs and assigns,shall have the right to employ its or their own counsel in any cause of actton or be given the management ofthedefensethereof. Seciton 7.If at any time the City of MarYSVille deems it adVisable to improve any of its streets,avenues,roacs..alleys,lanes,public places and ways,by ,grading or regrading such streets,altering,changinQ,repairing,or reimproving the same,the Grantee,upon written notice by the City,shall,'at its own expense,so raise,lower or move its line of pipesto conform to such new grades as may be establiShed..or place said pipes in such location or position as shall cause the least interference WIth any such improvements, and said City shall in nowise be held liable for any damages to said Grantee that may oc- cur 'by reason of such tmprovernents,repairs or maintenance or by the exercise of any rights reserved in this grant.If the City 'shall improve SUch streets,avenues,roads, alleys,lanes,public places and ways,the Grantee shall,on written notice by t.he City,.at its own expense,replace such pipe or pipe~as may be in or thrOugh the improved'grade of such'improvement with pipe or pipes of such material as shall conform to the specifications for the improvement of such streets,avenues,roadsl.alleys,lanes,public places and ways,or,at its own expense,relocate such non-conforming pipe or pipes to a place acceptable to the City. Section 8.This grant sneu not be exclusive and shall in no marmer prohibit the City of. Marysville from granting other franchises of a like nature or franchises for other public or private utilities over,along,across,under and up~n anvot such streets,avenues, roads,alleys,lanes,public places and ways,and shall rn nowise prohibit or prevent the City of Marysvill~from using any 'of said streets,avenues,roatjs,alleys,lanes,public places and ways,with full power to make all necessary changes,t"elocations,repairs and maintenance as the City may deem fit. Section 9.No fee'will be imposed by the City for the privileges gt"anted by this franchise to the Grantee.Provided,that the City reserves the right to ~eopen this paragraph and to impose franchise fees at any time after December 31,1981,.1~the Grantee consents to or pays a franchise fee of any description to another rnuructpar jurisdiction within its distribution 'area in the State of Washington. Section 10. All of the provisions,conditions,regulations and reqUirements herein con- tained shall be binding upon the successors and assigns of the Grantee,and all privileges of the Grantee shall inure to its successors and assigns. Section 11.The Grantee,by its acceptance of this Ordinance and the franchise,rights, privileges and authority herein granted,covenants and agr.ees for itself,its successors and assigns.to comply with and be bound by the terms of this Orc:Hnanceand to perform each of the covenants and conditions set forth.The Grantee shall be deemed to have forfeited all of its right,priVileges and franchises unless it shall,Within thirty '(30)days after the passage of this Ordinance,file with the City Clerk of the ~aid City its written ac' ceptance of the rights and privileges hereby conferred.and the obligations and coner- tions hereby imposed.If the Grantee,its successors o~assigns,S~all Willfully Violate or fail to comply With any of the provisions of this franchise,th.en the Council of the City of MarYSVille may forfeit all rights conferred hereunder and this franchise may be revoked cr ennuttec by t'h,e City all Without rec~urse by the Grant~e. -iQn 12.:'~'0·.Sale,lease or assignment of this tranchlse shall be effective until the' .all have filed in the office of the City Clerk of the City of Marysville an ecuted,r:ec:it.i.ng th.e:fact of the s~.!~~,~&:~.~e.or ClS,signment.an!=J ecceb- i's f~~~Ct1~L~QEU~~~,,'~B~c~~.,~I,s{eg~~~~~:~lfu.~!<~l-~~,~i\t~Et£'fl~\~t,;'il and the agreeing to"perform the conditions'thereof required of the Grantee. Section 13. The Grantee shall bear all the expense of the publication of this Ordinance. PA.SSED BY THE COUNCIL this 12th day Of October,1981. SIGNED BY THE MAYOR this 12th day of October,1981. CITY OF MARYSVILLE,WASHINGTON By DarY,1 D.Brenntck,Mayor ATTEST:Phillip E.Dexter,City Clerk . APf>ROVED AS TO FORM:By James H.Allendoer-ter,City Attorney The·terms and conditions of the foregoing Franchise Ordinance No. 1206are hereby ac-ceptedthis 2nd day of November,1981.. WAHSINGTON NAtURAL GAS COMPANY R.R.Golliver,President Attest:R.J.Tomlinson,Vice President Legal and Secr.etary Above acceptance received by:Phillip E.Dexter,City Clerk Dated:November 16, 1981 Published:Nov.25, 1981